Section 23 Restriction on working minerals.C1

Scotland

Sections 71 to 78 of the M1Railways Clauses Consolidation (Scotland) Act 1845 (which restrict the working of minerals, subject to the payment of compensation), as originally enacted and not as amended for certain purposes by section 15 of the M2Mines (Working Facilities and Support) Act 1923, shall apply in relation to

F1(a)

any public sewers, public sewage treatment works F2 , public SUD systems or public drains; and

(b)

any sewers, sewage treatment works F3 , SUD systems or drains not vested in F4 Scottish Water but forming (or forming part of) any such system as is mentioned in F5 section 46(1)(b)(ii) of the Water Industry (Scotland) Act 2002 (asp 3) ,

to which they do not already apply, with the substitution—

(i)

for references to the railway, of references to the sewers, works , SUD systems or drains; and

(ii)

for references to the company, of references to F6 Scottish Water , or as the case may be to the person other than Scottish Water , in whom the sewers, works , SUD systems or drains are vested.

Annotations

Textual amendments

F1: S. 23(a)(b)(i)(ii) substituted (for subparas. (a), (b) and words)(4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 75(20); S.I. 1994/2850, art. 3(c)(vi) (with art. 4)
F2: Words in s. 23(a) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 17(a); S.S.I. 2007/512, art. 2(c)
F3: Words in s. 23(b),(b)(i)(ii) inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 17(b); S.S.I. 2007/512, art. 2(c)
F4: Words in s. 23 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 2 (with s. 67); S.S.I. 2002/118, art. 2
F5: Words in s. 23 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 25 (with s. 67); S.S.I. 2002/118, art. 2
F6: Words in s. 23 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 3 (with s. 67); S.S.I. 2002/118, art. 2

Marginal citations

M1: 1845 c. 33.
M2: 1923 c. 20.

Modifications

C1: S. 23: power to modify conferred (temp. from 4.1.1995 to 1.4.1996) by 1994 C. 39, S. 182(2); S.I. 1994/2850, art. 3(a), Sch. 2 (with art. 4)